Showing Posts In "Canada" Category





CONSULTATION ON TRANSBORDER DATAFLOWS

The Office of the Privacy Commissioner of Canada (OPC) is revisiting its policy position on transborder data flows under the Personal Information Protection and Electronic Documents Act (PIPEDA). This includes not only cross border data transfers between controllers and processors, but also other cross border disclosures of personal information between organizations. The OPC is committed […]


IS DATA RESIDENCY COMING TO CANADA? THE OPC SIGNALS A MAJOR CHANGE TO ITS POLICY POSITION ON TRANSBORDER DATAFLOWS

The Office of the Privacy Commissioner of Canada has initiated a consultation on transborder dataflows under the Personal Information Protection and Electronic Documents Act. The Consultation comes 10 years after the OPC published its original “Guidelines for Processing Personal Data Across Borders” and shows a significant shift from its earlier position, with the OPC revising […]


MARIJUANA AND THE WORKPLACE: THE MAIN MISCONCEPTIONS LAID BARE

The past couple of years have been ones of monumental change in the Canadian employment landscape. From minimum wage hikes to legislative changes – new rules have shaped our workplaces, including the legalization of marijuana. How will it affect Canadian companies? One organization dedicated to changing this is Workplace Safety & Prevention Services and Larry […]


UNDERSTANDING THE DIFFERENCES IN CANADA CRIMINAL RECORD SEARCHES

Accurate Background’s International has compiled a “cheat sheet” for understanding the different levels of crimes reported in Canada as well as the types of criminal background checks available within the country. It includes information on how crimes in Canada are classified – such as Indictable Offenses, Summary Conviction Offenses, Hybrid Offenses and Non-reportable convictions. It […]


‘Can I Be Honest?’ Canadian Courts Affirm Qualified Privilege Defence to Defamatory Employment 

Provided that comments are honestly held and are not motivated by malice, the recent Supreme Court of Canada decision in Kanak v. Riggin (“Kanak”) has affirmed for employers that negative references about current or former employees will generally be protected from liability for defamation. Ms. Kanak sued her former supervisor after he provided a negative […]


The 5 Hottest Human Resources Questions About Cannabis

The holidays bring lots of holiday joy – and some holiday headaches for human resources professionals and employers. And this year’s legalization of recreational cannabis use is fuelling lots of HR questions. The hottest one of the season: do employers that offer alcohol at holiday work parties also have to offer cannabis? Here’s the answer to […]


Legalization of Cannabis: A Guide For Employers

With the legalization of recreational cannabis as of October 17, 2018, Canadian employers must be prepared to understand their rights and responsibilities vis-à-vis their employees. Employers are encouraged to adopt or amend their substance and drug use policies to conform to cannabis legalization. First, employers’ drug policies should clearly stipulate that they apply to cannabis […]


GDPR Territorial Scope – Draft Guidelines Released that May Help Canadians Established Outside the EU Understand Whether They Must Comply

Canadian businesses, particularly those with no physical presence in the EU, have been struggling to manage their compliance efforts with respect to the GDRP. These Guidelines should help organizations better understand when they may be subject to the GDPR. The Guidelines are in draft form and comments must be submitted before January 18, 2019. Read […]


Five Steps to Compliance with Privacy Consent Guidelines

On January 1, 2019, the Privacy Commissioner of Canada will begin enforcing Guidelines for obtaining meaningful consent, which impose requirements for obtaining legally valid privacy consents. This bulletin summarizes five steps to compliance with the Guidelines. In May 2018, the Office of the Privacy Commissioner of Canada and the Offices of the Information and Privacy Commissioners […]


Canada: Zero Tolerance Policies and Medicinal Marijuana

Employers are searching for answers regarding the upcoming legalization of marijuana for recreational use. Although employers have a legal duty to accommodate workers who are addicted to marijuana in the same manner as those addicted to alcohol and other substances, a zero tolerance policy still is permissible for those in safety sensitive positions. The plaintiff […]




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